State v. Marsh

REYNOLDSON, Chief Justice.

Defendant LeRoy Marsh appeals from judgment entered upon a jury’s verdict that found him guilty of second-degree attempted burglary. He asserts trial court erred in submitting a flight instruction to the jury because the instruction unduly emphasized certain evidence relied on by the State to prove its case. We affirm.

From the trial evidence the jury could have found the following facts. Rita Strube was watching television during the early morning hours on June 25, 1984, when she heard a noise outside her Sioux City home. From her backyard Strube observed two men by…